Cone v. Osborn

FANNING, Justice.

This suit was brought by appellee Osborn for the consideration stated in a royalty deed wherein Osborn was grantor and appellant Cone was grantee. In a former trial before the court, judgment was rendered for Cone. On appeal of the former case to the Fort Worth Court of Civil Appeals, in Osborn v. Cone, 234 S.W.2d 88, 89, the judgment of the trial court was reversed and the cause remanded for further proceedings not inconsistent with the opinion of that court. After remand, the trial court granted appellee’s motion for summary judgment. This appeal is from this summary…